TRIPS-PLUS provisions in the economic partnership agreements with the EU: The CARIFORUM's experience and lessons for West Africa

Abstract

Negotiation for the Economic Partnership Agreement (EPA) between the European Union (EU) and six African, Caribbean and Pacific (APC) regions has been ongoing for over a decade. These negotiations are at different phases in the seven APC regions and have faced significant challenges, hindering ratification in most of them. However, the Caribbean Forum (CARIFORUM) is the first regional group to have completed the process. It is currently implementing the EPA. Most significantly, CARIFORUM is the only region to have negotiated and ratified a comprehensive EPA that goes beyond trade in goods to include other elements such as services and intellectual property. This paper seeks to understand why CARIFORUM opted for a comprehensive EPA with the EU. Keeping in mind the downsides of intellectual property (IP) globalization, it fleshes out lessons, particularly on IP rights, that West African countries, and other non-Caribbean ACP regions, can draw from the CARIFORUM's experience to adequately equip themselves in anticipation of negotiations with the EU for their EPAs.